Regarding Manufactured Cannabis Products, what is a Concentrate?

How does a cannabis business acquire a cannabis local authorization and where can it be obtained?

Local authorization comes from the city or county that has jurisdiction where you have your manufacturing facility. If you are located within an incorporated city’s limits, the city will likely have jurisdiction. If you are located in an unincorporated area of the county, the county will likely have jurisdiction.

Are only cannabis edible products required to have the cannabis universal symbol?

All manufactured cannabis products – both edible and non-edible – must have the universal symbol on the label’s primary panel.

Regarding Manufactured Cannabis Products, what is an Extraction activity?

Extraction is removal of THC/CBD from cannabis plants via a mechanical method or chemical solvent method.

Does a Cannabis business need two separate licenses to do two (Medicinal and recreational Adult-use) types of manufacturing?

You will only need two types of manufacturing licenses for the same premises if you plan to create both adult-use and medicinal products. If you are conducting manufacturing for both the medicinal and adult-use markets, you will need both M- and A-licenses to operate in both of those markets.
However you do not need two licenses to conduct different types of manufacturing operations within one of those markets at the same premises, as long as all activities are disclosed on the application. A Type 7 licensee can also conduct Type 6, N & P activities on the same premises. A Type 6 licensee can conduct Type N & P activities on the same premises. A Type N licensee can conduct Type P activities on the same premises.

If any criminal history exists, would that produce an automatic denial of the cannabis annual license business application?

There are no mandatory denials for criminal history. The Manufactured Cannabis Safety Branch will be evaluating each applicant’s history on a case-by-case basis. Convictions that are considered “substantially related” and possibly could lead to denial are serious and violent felonies, drug offenses involving minors, and violations of food safety laws. If you have this type of conviction, you can submit evidence of rehabilitation and a description of circumstances. This information will be considered during the application review process.

Can a Cannabis Manufacturer manufacture cannabis products in a commercial kitchen?

At this time, the use of commercial kitchens, in which multiple businesses share use of a single manufacturing space, is not permitted. The Manufactured Cannabis Safety Branch is working diligently to develop a regulatory framework which would allow for shared-use manufacturing facilities. Until this new regulatory language is released and approved, we are not able to issue licenses or accept applications for shared spaces.

To receive a cannabis temporary license, is the business required to have the adult use licenses (A-license) AND the medicinal (M-license)?

During the transition period, which lasts from January 1 until July 1, 2018, you can do business with adult-use licensees or medicinal use licensees, regardless of whether you have an A- or M- license. Beginning July 1, 2018, A-licensees can only do business with A-licensees, and M-licensees can only do business with M-licensees.

When are cannabis businesses required to pay for the cannabis annual license application and fess for licensing?

The application fee is paid when the annual license application is submitted. The licensing fee is paid when the annual license application is approved.

For cannabis pre-rolls, what are the labeling and packaging requirements?

Pre-rolls that only contain flower must follow all packaging and labeling standards outlined in the California Business and Professions Code. Pre-rolls that contain both flower and concentrates (infused pre-rolls) must meet all packaging and labeling required of manufactured products, as outlined in the MCSB regulations for cannabis manufacturers.

What is a cannabis local authorization and who issues it?

A local authorization is a document from your local city or county that permits you to operate a cannabis business. This documentation will look different in every jurisdiction but may be a cannabis business permit, temporary cannabis license or letter of authorization to operate a cannabis business. Contact your city or county government office for more information about the procedures in your jurisdiction.

Can a cannabis business operate prior to being issued and approved for a cannabis temporary license?

Beginning January 1, 2018, you must have a license to operate a cannabis business within the state of California.

Regarding commercial cannabis manufacturing, can the public search and view a list of local jurisdictions?

The Manufactured Cannabis Safety Branch does not have a list of local jurisdictions that permit commercial cannabis manufacturing.

For how long can a cannabis business operate under a cannabis temporary license?

A temporary license is valid for 120 days from the date of the license. MCSB may approve 90-day extension periods if the holder of the temporary license submits a complete annual license application prior to the expiration date of the temporary license.

How does a Cannabis business apply for a cannabis temporary license?

A cannabis business can access the temporary license application on the CDPH website. The completed application and a copy of the business's local city or county authorization can be emailed to mcls@cdph.ca.gov or mailed to the following address:
CDPH – Manufactured Cannabis Safety Branch
Attn: Licensing Unit
PO Box 997377, MS 7606
Sacramento, CA 95899-7377

Where can a Cannabis Manufacturer find more information on cannabis' health issues?

The California Department of Public Health (CDPH) is leading a campaign called Let's Talk Cannabis, which serves as a resource for Californians seeking fact-based information about cannabis and its effects on their health. More information about the health impacts of cannabis can be found on the CDPH Let's Talk Cannabis website.

What is the limit to the number of Cannabis licenses the California Department of Public Health (CDPH) can issue?

No limit is in place for the number of licenses that CDPH will issue.

For the newly regulated cannabis market in California, what is the licensing transition period?

The three licensing authorities have outlined a six-month transition period to address existing product and support a smooth transition into a newly regulated market. The transition period allows for existing product to move though the commercial cannabis market if it meets basic requirements.

What are the requirements for cannabis packages and cannabis labels?

Cannabis product packaging cannot resemble traditionally available food packages and must be tamper-evident, re-sealable if the product includes multiple servings, and child-resistant. In addition, packaging for edibles must be opaque. All manufactured products must be packaged according to regulatory standards before they are released to a distributor.
Cannabis product labeling may not refer to the product as a candy, be attractive to children, make health claims or include cartoons. The labeling requirements fall into two categories: primary panel requirements and informational panel requirements.
The primary panel is the portion of the label that is most likely to be displayed to the consumer at retail. Primary panel labeling must include:
• The identity of the product
• The amount of THC/CBD in the package
• The CDPH-issued universal symbol
• The net weight or volume
In addition, primary paneling for edible products must include the words cannabis-infused and contain the amount of THC/CBD per serving.
The informational panel can be located anywhere else on the package. Informational panel labeling requirements include:
• The manufacturer's name and contact information (website or phone number)
• The date the product was manufactured
• The government warning statement
• The ingredient list
• Instructions for use
• The expiration date
• The unique ID/batch number
In addition, the informational panel for edible products must also contain allergen information, a list of artificial food colorings and basic nutritional information (the amount of sodium, sugar, carbohydrates and fat per serving). Medicinal products must be labeled For Medicinal Use Only.

If a local jurisdiction has not yet ruled on a cannabis activity, can a cannabis business still apply for a cannabis temporary license or annual license?

By state law, temporary licenses require local authorization to operate a cannabis business. If your local jurisdiction is not providing authorization, you will not be able to apply for a temporary license.
If the city or county does not have any ordinances in place specific to cannabis, you must comply with all other rules that would apply to a similar business or facility in order to hold an annual license for cannabis manufacturing.

Do cannabis products require Proposition 65 language on the labeling?

Cannabis businesses must follow all applicable state laws, just like any other business operating in the state. Therefore if the Office of Environmental Health Hazard Assessment (OEHHA) requires your product to contain the Proposition 65 warning statement, then you must follow state law and include that information. OEHHA can provide more information about whether or not it is required for your product.

Regarding Manufactured Cannabis Products, what is an Infusion activity?

Infusion means putting THC/CBD concentrates directly into a product.

After a cannabis business receives a cannabis temporary license, how does it apply for the cannabis annual license?

Annual licenses are being accepted through our online system, the Manufactured Cannabis Licensing System (MCLS). MCLS is available to access now on the Licensing page of the CDPH website.

Is there any application fee or licensing fee for MCSB's temporary licenses?

No, there is no application fee or licensing fee for MCSB's temporary licenses.

What does cannabis local authorization mean?

Both Proposition 64 and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) established a dual licensing structure in which both the state and local governments play a role in setting guidelines and public health standards for cannabis businesses.
For temporary licenses, you must have local authorization to operate a cannabis business. This may be a cannabis permit, letter of acknowledgement, or another form of local authorization. You are required to submit a copy of this local authorization with your temporary license application.
For annual licenses, you must be in compliance with all local ordinances. If your local jurisdiction has passed an ordinance allowing for cannabis manufacturing, you must comply with any rules established by these ordinances. If the city or county does not have any ordinances in place specific to cannabis, you must comply with all other rules that would apply to a similar business or facility. If the local jurisdiction has banned commercial cannabis manufacturing, you will not be able to obtain a state cannabis license.

What are the requirements for cannabis products manufactured during the transition period?

Products manufactured during the transition period, from January 1 until prior to July 1, 2018, must meet THC limits, product standards and basic packaging and labeling requirements. Cannabis products must be in child-resistant packaging, and the label must contain the government warning statement and amount of THC/CBD per serving and per package.

Does a temporary license or annual license require a local authorization?

Yes

What does MCSB stand for?

Manufactured Cannabis Safety Branch

Are butters classified as an edible product or a concentrate?

The Manufactured Cannabis Safety Branch has classified infused butters and oils as concentrates.

If the cannabis business has multiple locations, will the cannabis temporary license cover each location of the cannabis business?

Temporary licenses are only valid for one premises. If your business has multiple premises where cannabis manufacturing occurs, you will need to apply for a temporary license for each premises.
Beginning January 1, 2018, only licensed businesses will be able to conduct commercial cannabis activity and may only do business with other licensees. If a business is cited for operating without a license, the business might not be able to obtain a license in the future.

What are the cannabis packaging requirements for child-resistant packaging?

Our regulations require that packaging be child-resistant, as defined in section 1700 of the federal Poison Prevention Packaging Act of 1970 (PPPA). The Consumer Product Safety Commission, which administers the PPPA, has an online guide to child-resistant packaging.
The PPPA outlines testing procedures for determining whether your product meets the standard of “child resistant.” Testing procedures can be found in the Code of Federal Regulations, Part 1700, Poison Prevention Packaging.
If your product packaging meets the guidelines in the PPPA, it can be used for child-resistant packaging.

What types of cannabis licenses exist for the state of California?

MCSB will offer four license types for cannabis manufacturers:
Type 7 – for extraction using a volatile solvent (ex: butane, propane and hexane)
Type 6 – for extraction using a mechanical method or non-volatile solvent (ex: CO2, ethanol, water, or food-grade dry ice, cooking oils or butter)
Type N – for infusions
Type P – for packaging and labeling only
Each license type is inclusive of the types in the list below it. For example, a Type 7 licensee would be able to perform Type 6, N or P tasks. A Type 6 license could perform Type N or P tasks. A Type N licensee would be able to perform Type P tasks.
In addition to these four licenses, MCSB is developing a fifth license type, Type S, for shared-use manufacturing facilities. This license type will be for businesses and facility owners that alternate use of a manufacturing premises. More information on this license type will be available soon.
More information about licenses for retailers, distributors, third-party testing laboratories and microbusinesses can be found on the Bureau of Cannabis Control's website. More information about licenses for cultivators can be found on the CalCannabis Cultivation Licensing website.

If the cannabis labeling does not fit on the package, how should the information be added?

The primary panel labeling information and the government warning statement must be on the package itself. If your product packaging is small, and you cannot fit all of the informational labeling on the package, you can use a supplemental label for those additional requirements.
Examples of supplemental labels include a paper inserted into the packaging, a hang tag or a peel-back label.

Can a Cannabis business package pre-rolls or flowers if a Cannabis business is a licensed manufacturer?

Yes, manufacturers may package flower or pre-rolls. Flower and pre-rolls that only contain flower must meet the packaging and labeling standards outlined in the California Business and Professions Code. Pre-rolls that also contain concentrates (“infused” pre-rolls) must meet the packaging and labeling requirements for manufactured products that are outlined in the MCSB regulations for cannabis manufacturing.

For cannabis products during the regulatory transition period, can the exit packaging be the same as the secondary packaging?

No. Exit packaging is the package that a consumer’s purchased product is placed into by a retailer so it is ready to leave the store after the sale is complete. The Bureau of Cannabis Control has outlined requirements in their regulations for exit packaging used by retailers.
Manufacturers are responsible for packaging and labeling their products in its final form, prior to release to a distributor as a finished product. This includes ensuring that the packaging of the finished product is child resistant. Secondary package is a child-resistant outer package, such as a bag, that a manufacturer can place their product in to fulfill the child-resistant packaging requirement.

For a cannabis A-license, would a cannabis manufacturer be allowed to purchase from and sell to cannabis M-license businesses?

During the transition period, which lasts from January 1 until July 1, 2018, you can do business with adult-use licensees or medicinal use licensees, regardless of whether you have an A- or M- license. Beginning July 1, 2018, A-licensees can only do business with A-licensees, and M-licensees can only do business with M-licensees.

How much information regarding my Cannabis Manufacturing business is publicly available?

The Manufactured Cannabis Safety Branch (MCSB) website includes a public Licensee Lookup Tool which contains the business name, license type, license number, city and county, and license expiration date. Additional information will be available to members of the public through a Public Records Act request.

Does a Manufacturing business need to obtain a license from CDPH?

Yes, any person or business must obtain a manufacturing license in order to engage in commercial cannabis manufacturing. Each license must have one category and one type.

What is an annual license?

An annual license is valid for 1 year allowing for a cannabis business to conduct commercial cannabis activity.

What is a temporary license?

A temporary license is valid for 120 days and is a MCSB conditional license allowing for a cannabis business to conduct commercial cannabis activity.

For how long does it take to process a cannabis temporary license application?

MCSB is committed to processing applications for temporary licenses as quickly as possible to minimize disruption to the market. Once an application is received, it will be reviewed for completeness and the city or county office will be contacted to verify the local authorization. The local office will be given up to 10 days to respond. If the local office confirms that the business is authorized to conduct commercial cannabis activities, MCSB will issue the license. No licenses will have an effective date prior to January 1, 2018.
If commercial cannabis activity is banned in the city or county where your premises is located, you will not be able to obtain a state cannabis license.

Does a Cannabis business need a manufacturing license if it produces Cannabidiol (CBD) products?

If the CBD in your products comes from a cannabis plant, you will need a license from our office to conduct commercial cannabis manufacturing. However, CBD from industrial hemp is not regulated under the state’s cannabis regulatory framework.
The California Department of Food & Agriculture’s Industrial Hemp Advisory Board has some information on the current state laws surrounding industrial hemp and a list of FAQs on their website.

Can a Cannabis Manufacturer manufacture both adult-use and medicinal cannabis products on the same premises?

Yes, a business can hold licenses for both medicinal and adult-use cannabis manufacturing at the same premises.
During the transition period, which is in effect from January 1 to July 1, 2018, products will be able to cross between the medicinal and adult-use markets. Beginning on July 1, 2018, the supply chains for medicinal and adult-use cannabis products must be kept separate.

Where can a cannabis business get forms that are required for the Live Scan background checks?

The Manufactured Cannabis Safety Branch is currently finalizing the information needed for this process and will post the required “Request for Live Scan” form on the website soon.

Regarding Manufactured Cannabis Products, what is an Edible?

Edibles are cannabis products that can be taken orally. Edibles include vape cartridges, extracts, capsules, and tinctures.

For a commercial cannabis manufacturing business, what is the criteria to determine if a cannabis product is considered edible or non-edible?

Edible cannabis products are products that are similar to traditional food products, such as cakes, cookies, beverages and juices, tea and coffee, chocolates, gummies, gum, and mints. Edible products have a THC limit of 10 milligrams per serving and 100 milligrams per package for both the medicinal and adult-use markets.
Cannabis concentrates are not classified as edible products. Concentrates include products like tinctures, capsules, extracts, butter, cooking oils and vape cartridges. Concentrates have a THC limit of 1,000 milligrams per package for the adult-use market and 2,000 milligrams per package for the medicinal market.
If you have a question about how your product is classified, email MCSB@cdph.ca.gov.

Is there a place to view a list of recognized cannabis manufacturers?

A Licensee Lookup Tool is available on the Licensing page of the CDPH website.

During the transition period, what are cannabis product requirements for THC limits?

All cannabis products manufactured on or after January 1, 2018 must meet regulatory THC limits. Edible products cannot contain more than 10 milligrams per serving or 100 milligrams per package. Non-edible cannabis products cannot contain more than 1,000 milligrams per package (adult-use) or 2,000 milligrams per package (medicinal).

Does a cannabis business need to also apply for a temporary license if it applies for an annual license?

Beginning January 1, 2018, you must have a license to operate a cannabis business within the state of California. You can apply for an annual license whether or not you have a temporary license.

Regarding quantity, what is the cannabis license limit a person can have?

Unless otherwise prohibited, there is no limit on the number of licenses a person can have.

During the regulatory transition period, what are the requirements for the packaging and labeling?

During the transition period, which lasts from January 1 until July 1, 2018, cannabis products may enter the commercial cannabis market if they have child-resistant packaging and the label contains the government warning statement and the amount of THC per serving. If the primary packaging is not child-resistant, the product may be placed in secondary packaging that is child-resistant to fulfill this requirement.

Are cannabis oils classified as an edible product or a concentrate?

The Manufactured Cannabis Safety Branch has classified infused butters and oils as concentrates.

To manufacture cannabis products, does the business have to be licensed?

Yes, the business must be licensed with MCSB (Manufactured Cannabis Safety Branch) in order to legally manufacture cannabis goods.

For A-licenses and M-licenses applications, does a cannabis business have to pay a fee for each if it applies for both types of licenses?

A (adult-use) and M (medicinal use) are two different categories of license. If you apply for both A- and M- annual licenses, you will pay two separate license application fees, and annual license fees – one for each license. The license fees are based on the gross annual revenue of the product produced under each license. For example, the license fee paid for the M-License is based on the gross annual revenue of the medicinal-use product manufactured at the licensed premises; the license fee paid for the A-License is based on the gross annual revenue of the adult-use product manufactured at the licensed premises.

Can a business extend their MCSB temporary license?

Yes, a business can extend their MCSB temporary license by 90 days if submitted with a complete annual license application, subject to the discretion of MCSB.

No. Exit packaging is the package that a consumer’s purchased product is placed into by a retailer so it is ready to leave the store after the sale is complete. The Bureau of Cannabis Control has outlined requirements in their regulations for exit packaging used by retailers.
Manufacturers are responsible for packaging and labeling their products in its final form, prior to release to a distributor as a finished product. This includes ensuring that the packaging of the finished product is child resistant. Secondary package is a child-resistant outer package, such as a bag, that a manufacturer can place their product in to fulfill the child-resistant packaging requirement.

For MAUCRSA, if a cannabis business does not yet know what the gross annual revenue shall be for the initial year of operation, what should be listed?

For the first year of operations, the gross annual revenue is an estimate. In subsequent years, the gross annual revenue is based on the prior year’s taxes.
A good-faith attempt must be made to create an accurate first year estimate. When you submit your annual license application, you will attest under penalty of law that the information in your application is true and accurate.

Where can the cannabis universal symbol be downloaded?

Links to download the universal symbol are on the Regulations page of the state website. It is available in hi-res JPG, PNG and PDF files.

What does the California MCSB do?

The Manufactured Cannabis Safety Branch (MCSB), housed within the California Department of Public Health, licenses and regulates manufacturers of commercial cannabis products.

Type S, for shared-use manufacturing facilities. This license type will be for businesses and facility owners that alternate use of a manufacturing premises. More information on this license type will be available soon.

Each license type is inclusive of the types in the list below it. For example, a Type 7 licensee would be able to perform Type 6, N or P tasks. A Type 6 license could perform Type N or P tasks. A Type N licensee would be able to perform Type P tasks.

Requirements:

Written statement, signed by the landlord, allowing cannabis manufacturing on the property

Diagram of the premise

Closed loop system certification, signed by a licensed engineer (for manufacturers using volatile solvents or CO2 extraction methods)

Proof of $5000 surety bond

Local authorization

Live Scan

California Tax Permit

FEIN

Written Procedures for inventory control

Written Procedures for quality control

Written Procedures for transportation

Written Procedures for security

Written Procedures for cannabis waste disposal

Compliance with THC Limits

Compliance with Packaging & Labeling

Compliance with Product Standards and Prohibited Products

Licensing Fees:

The licensing fees are scaled based on maximum revenue and they range from $2,000 to $75,000 for each licensed premises.

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